In an at-will employment relationship, employers have broad authority to fire employees, for a wide range of reasons. However, not every rationale for firing people is legal, and employers can face potential ramifications if they fire an employee for a legally prohibited reason. Here are five of the most common reasons that employees are illegally fired by their employers:
While some people are fired from their jobs without any warning, most people can at least see the signs in advance. Even if the prospect of losing your job can be daunting, you can use it as an opportunity to negotiate your firing, and to minimize the harm that getting fired will do to you and your family. Here are five tips to help you if you are facing the prospect of getting fired: Continue reading “Five Tips to Prepare for Your Firing”
Labor organizing is an important, legally protected practice that is critical for helping workers to enforce their rights. Unfortunately, employers are often loath to allow employees to freely organize, and may take extreme (and potentially illegal) steps to prevent employees from unionizing. But what should you do if you get fired for organizing a labor union at your workplace?
In his new book Fired!: Protect Your Rights & Fight Back if You‘re Terminated, Laid Off, Downsized, Restructured, Forced to Resign or Quit, New York City attorney Steven Mitchell Sack offers some important advice if you are considering resigning from a job. “Never quit; make the company fire you,” says Sack. This is because you may put yourself in a much worse position,legally speaking, if you voluntarily resign instead of being fired. Here are five reasons why it may be better to be terminated by your employer rather than quit:
Continue reading “Five Reasons Why It is Better to Be Fired Than Quit”
A federal court has ruled that people who work from home can sue their employer under the WARN Act for failure to notify them of a mass layoff. This ruling, made by the United States District Court for the Eastern District of Virginia, is a potential advance for remote employees who suddenly find themselves laid off by employers. For employers, however, it is a warning sign that moving employees to a remote work schedule does not free them from their legal obligations to those employees.
The Family and Medical Leave Act (FMLA) gives qualifying employees up to 12 weeks of unpaid leave per year. It allows employees to take a reasonable amount of unpaid leave time for medical or family reasons such as: